However, Prosecutors argued that Mabry was not afraid of Simms, despite what he told police. Prosecutors admitted Simms had been drinking heavily and was unarmed when he was shot and killed.

Additionally, prosecutors pointed out that Mabry never called 911, but left Simms to die.

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The confrontation started after Michael Mabry and Donald Simms got into an argument over noise Mabry and his younger brother made while dirt biking on a wooded trail near Simm's Kenwood Avenue home in Henrico County's Lakeside neighborhood.

A neighbor said the two brother's left but returned a short time later in their cars and the argument escalated into a deadly situation.

Late Wednesday evening, the jury stopped to ask a question, then took a 40 minute recess before continuing to deliberate.

If jurors find Mabry guilty of second degree murder, he faces up to 40 years in prison. If convicted of voluntary manslaughter he could spend up to 10 years behind bars. Jurors could also decide that he acted in self defense.

Stay with CBS 6 News and WTVR.com for updates on this developing story.